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Introduction
Please read these Terms of Use ("Terms") carefully. If you continue your membership that will be regarded as acceptance of our terms and conditions.
They contain the legal terms and conditions that govern your use of services provided to you by Art-SX, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.art-sx.co.uk (the "Service"). This Service is operated by Art-SX. ("Art-SX"). Art-SX is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Art-SX website (the "Site"). If you choose to register as a member of our Service or purchase products from Art-SX, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Art-SX on an "AS IS" and "AS AVAILABLE" basis and Art-SX reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Art-SX is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Art-SX has a firm commitment to safeguarding your privacy. Please review Art-SX's Privacy Policy (see below). The terms of Art-SX's privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify Art-SX or third parties and their products and services are proprietary marks of Art-SX and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Art-SX or any third party with respect to any such image, logo or name.
4. Copyright
Art-SX is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of Art-SX. However, Art-SX does not claim ownership rights in your works or other materials posted by you to Art-SX (Your Content).
5. Reporting Copyright Violations
Art-SX respects the intellectual property rights of others and expects users of the Service to do the same. At Art-SX's discretion and in appropriate circumstances, Art-SX may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact Art-SX's agent for notice of claims of copyright infringement, Stan Denton who can be reached through
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. You must provide our agent with the following information, which Art-SX may then forward to the alleged infringer:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. External Links
Art-SX may provide links to third-party websites or resources. You acknowledge and agree that Art-SX is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Art-SX of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Art-SX be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Art-SX that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless Art-SX, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
ART-SX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ART-SX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ART-SX MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT ART-SX IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ART-SX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ART-SX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ART-SX'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ART-SX PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Art-SX for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
11. General
These Terms constitute the entire agreement between Art-SX and you with respect to your use of the Service. Art-SX's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
Art-SX shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Art-SX. These Terms shall be governed by and construed in accordance with United Kingdom laws. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the UK law courts.
12. Comments
If you have any comments or questions about the Service please contact us by email at
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.
Section II: Additional Terms
13. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
14. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Art-SX of any unauthorized use of your password.
15. Submitting Content
Chat Rooms, News and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums and adding news stories on the Art-SX website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Art-SX website, subject to your compliance with the Terms.
Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for display on your user page.
Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Agreement (see below), which is incorporated into, and forms a part of, the Terms.
16. Copyright in Your Content
Art-SX does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Art-SX a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content.
17. Monitoring Content
Art-SX has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
18. Storage Policy
At this time, Art-SX provides online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Art-SX may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Art-SX's servers. Furthermore, you acknowledge that Art-SX reserves the right to terminate or suspend accounts that are inactive, in Art-SX's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Art-SX shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Art-SX reserves the right to modify its storage policies from time to time, with or without notice to you.
19. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service.
You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
(a) for any unlawful purposes;
(b) to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
(c) to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Art-SX;
(d) to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
(e) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) to upload, post, or otherwise transmit any material which is likely to cause harm to Art-SX or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
(g) for any commercial purpose, except as expressly permitted under these Terms.
20. Suspension and Termination of Access and Membership
You agree that Art-SX may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Art-SX Site, in Art-SX's sole discretion, you fail to comply with the Terms or applicable law.
21. Product Purchases from Art-SX
From time to time, we may make certain products available for purchase through Art-SX. For example, you may have the opportunity to purchase "Artwork" that a registered member has listed for sale.
All payments are to be made in GPB £ and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process.
Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.
In general, ART-SX accepts returns on defective products or incorrect orders within fourteen (14) days after receipt of your order. Please contact ART-SX at
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and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to ART-SX on returned items, and ART-SX will pay the shipping charges on replacement product(s).
Returns can be for replacement, refund or credit at ART-SX's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
Web Packages do not include content the frame work/software will be put in place and all content will be the responsability of the web site owner Art-SX cannot be held accountable for content placed in a website provided by us.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH ART-SX IS PROVIDED ON AN "AS IS" BASIS. ART-SX'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH ART-SX SHALL BE FOR ART-SX TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.
Submission Agreement:
AGREEMENT
This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Artist") and Art-SX Inc., ("Art-SX") concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Artist Materials" defined below) to the deviantART.com website or any successor(s) websites and/or websites to which the contents in whole or in part of deviantArt.com are assigned (the "Art-SX Site(s)") and concerning Art-SX's use of Artist Materials on the Art-SX Site(s). If Artist is agreeing on behalf of a group artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Artist and Art-SX acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:
1. Term. The term ("Term") of this Agreement starts on the date that the Artist Materials are initially uploaded to any Art-SX Site(s) and continues until either Artist or Art-SX terminates this Agreement in writing, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below:
a) To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Artist has removed all of his or her Artist's Materials from the Art-SX Site(s) excluding those Artist Materials that cannot be removed by Artist (e.g. comments posted to Art-SX), and Art-SX has received notice of the removal. If this Agreement is terminated by Art-SX, this Agreement will terminate when Art-SX removes Artist's Materials from the Art-SX website excluding comments posted to Art-SX by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
b) Artist can selectively terminate this agreement with respect to any individual work posted by Artist to Art-SX by removing the posted work from Art-SX and this selective termination with respect to an individual work will become effective when Art-SX receives notice of the removal. Art-SX provides a removal function with respect to individual works posted by Artist and the proper use of this function shall serve as notice of removal. If the Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement or to the extent that Artist has placed the work in the Print program or similar commercial efforts within Art-SX Sites.
2. Ownership. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to Art-SX under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
3. License To Use Artist Materials. As and when Artist Materials are uploaded to the Art-SX Site(s), Artist grants to Art-SX a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
f) During the Term, Art-SX's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the Art-SX Sites.
g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the Art-SX Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical or textual materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to Art-SX.
4. Name and Likeness. Artist also grants to Art-SX:
a) a worldwide, royalty-free, non-exclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the Art-SX Site(s)as described hereunder, during the Term;
b) Artist also agrees not to assert against Art-SX any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United Kingdom and any other country in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to Art-SX a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.
5. Limitation Of Rights The rights and licenses granted to Art-SX under sections 3 and 4 of this Agreement require Art-SX to obtain Artist consent before Art-SX makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with Art-SX but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the Art-SX Site(s) or in connection with the distribution of content groups from the Art-SX Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the Art-SX Site(s) or other users under agreements with Art-SX. Art-SX will contact Artist in writing about any individual commercial uses of Artist Materials instigated by Art-SX.
6. Payment Unless otherwise agreed between Artist and Art-SX in a writing from Art-SX, the license granted to Art-SX under this Agreement is royalty-free.
7. Representations and Warranties. Artist represents and warrants that:
a) Artist has the full right and power to enter into and perform this Agreement and to grant Art-SX all rights to use the Artist Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 3, 4 and 5,
b) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Art-SX the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials),
c) the Artist Materials (and Art-SX's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Artist has provided or will provide to Art-SX is true and complete,
e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation,
f) the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Art-SX or any third party, and
h) if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
8. Third Party Payments. Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
9. Indemnity. Artist agrees to defend, indemnify, reimburse and hold Art-SX and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable solicitors's fees, costs and expenses and court costs) arising out of or related to:
a) Artist's use of the Art-SX Site(s);
b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
c) Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement
10. Art-SX's Performance. Artist acknowledges and agrees that the operation of the Art-SX Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Art-SX will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the Art-SX service. There are no assurances whatsoever that any of the Artist Materials or any part or element of Artist materials will actually be used on the Art-SX Site or if used will continue to be available for any particular time. Art-SX has the right, in Art-SX's sole and absolute discretion, to remove from the Art-SX Site(s) at any time the Artist Materials or any part of them and/or to revoke any sublicense granted by Art-SX to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Art-SX does not control the content of the Artist Materials and does not have any obligation to monitor the content of the Artist materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the Art-SX Site(s) by Artist. The Art-SX Site may be discontinued at any time, with or without reason and all Artist materials uploaded to Art-SX may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Artist Materials.
11. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART-SX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
a) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE ART-SX SITE, AND
b) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE ART-SX SITE AND ANY SERVICES PROVIDED BY ART-SX HEREUNDER. IN ADDITION, ALTHOUGH ART-SX INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE ART-SX SITE(S), AND WHETHER OR NOT ART-SX IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, ART-SX DOES NOT WARRANT THAT THE ART-SX SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE ART-SX SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
12. No Liability for Third Party Use. ART-SX DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE ART-SX WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM ART-SX. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM ART-SX (WHETHER OR NOT WITH ART-SX'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM DEVIANTART, AND THAT ARTIST WILL NOT HOLD ART-SX RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL ART-SX, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT ART-SX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE ART-SX SITE(S). IN NO EVENT SHALL ART-SX'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED £5. THE PARTIES ACKNOWLEDGE AND AGREE THAT ART-SX HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND ART-SX, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
14. Copyright and Trademark Notices. Art-SX, the Art-SX logos and mascots, and the layout and design of the Art-SX Site(s), among other marks that may appear on the Art-SX Site(s) are trademarks of Art-SX (the "Art-SX Marks"). Other trademarks and service marks on the Art-SX Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the Art-SX Marks without Art-SX's prior written permission, and Artist may not use any third-party marks without the third party's prior written permission.
15. Miscellaneous.
a) Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE UNITED KINGDOM WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE COURT LOCATED IN THE UK, AND ARTIST AND ART-SX BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURT.
b) Assignment. Art-SX shall have the right to assign this Agreement in whole or in part to any person or business entity. Artist may not assign Artist's rights or delegate Artist's obligations under this Agreement without the prior written consent of Art-SX.
c) Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Art-SX, 308 Fairfax Drive, Westcliff on sea, Essex, SS09LT Communications shall be deemed received:
1. for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt;
2. for Communications sent by personal delivery, on the date of personal delivery; and
3. for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.
4. No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
d) Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and Art-SX as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
e) Modification. Art-SX reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Art-SX will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Artist Materials after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artist Materials. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
f) Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Artist Materials from the particular license; any use of Artist Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of Art-SX Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Artist Materials consisting of comments posted to Art-SX will remain as part of the Art-SX database and available to all users of Art-SX Sites following termination of this Agreement.
Privacy Policy:
ART-SX Privacy Policy
Art-SX is committed to protecting your privacy. We use the information we collect about you to provide additional information on our products. We may also use it to tell you about new products or special offers we think you’ll find valuable. We do not sell, trade or rent your personal information to others. Under the UK Data Protection Act 1998, we follow strict security measures in the storage and use of the information you have given us.
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